What is the term of patent?

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Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date. ‘Design’ means only the features of shape, configuration, pattern… Read more »

Is there any fee for filing post-grant opposition?

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The post grant opposition has to be filed in the prescribed form 7 along with prescribed fees of Rs.1500 for natural person and Rs.6000 for person other than natural person. The post grant opposition has to be filed by the person interested and not by any other person. ‘Design’ means only the features of shape,… Read more »

Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?

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It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination… Read more »

What are the documents required for filling a patent application?

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The following documents are required for filling a patent application –  Application Form (form 1), Specification (Provisional/Complete) [Form 2], Drawings (if any), Undertaking under section 8 (form 3), and Power of Authority (if the patent application is filed through a patent attorney) ‘Design’ means only the features of shape, configuration, pattern or ornament or composition… Read more »

Why one should go for a patent?

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To enjoy the exclusive rights over the invention. If the inventor does not get the patent rights over his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must… Read more »

What information is required for conducting search?

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To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art’s shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the… Read more »

What is a PCT?

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PCT stands for Prior Informed Consent. PCT abbreviated, from the Patent Cooperation Treaty. PCT is an International treaty, which provides facility to the applicant to file a single patent application and designate the countries in which he/she wants to protect his IP rights. Thus a single patent application is filed for the purpose of an international search… Read more »

What are the process to applying for a Patent?

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The first step that people usually take in applying for a patent is to file a preliminary application in one country. When the application is filed, the date of application is recorded and this is called the “priority date”. The first application can be quite basic and does not have to include a set of… Read more »

Is there any fee for filing such representation for pre-grant opposition?

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There is no fee for filing representation for pre-grant opposition?  This can be filed by any person. A patent specification can be prepared by the applicant himself or his registered and authorized agent. The patent specification generally comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior… Read more »

Does applicant get an opportunity of being heard before his application is refused?

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If applicant has not complied with the requirements within the prescribed time, and no request for hearing has been made by the applicant, the controller may not provide the opportunity of being heard. However the Controller shall provide an opportunity of being heard to the applicant before refusing his application if a request for such… Read more »